Summary
The applicant, a 47-year-old system administrator for a DOD contractor, faced security concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct) due to his cohabitation with a British citizen and a past marriage that was annulled. The judge granted the applicant's security clearance, finding that the applicant's relationships did not create a significant risk of foreign influence or criminal conduct, and that he did not intentionally falsify his application.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion; (1.a). Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information; (1.b). The Government alleges one incident of falsification by Applicant when he completed his 2003 SF-85P (SOR ¶ 3.a) (3.a). The Government alleges that he falsified his SF-85P when he did not list this marriage (3.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated strong work performance and integrity through positive recommendations and awards; The relationship with his British cohabitant was deemed unlikely to create a conflict of interest due to the close U.S.-U.K. relationship; The applicant's past marriage was annulled without any cohabitation or shared financial responsibilities, mitigating concerns about personal conduct.
Why the Applicant Prevailed
- The applicant demonstrated strong work performance and integrity through positive recommendations and awards.
- The relationship with his British cohabitant was deemed unlikely to create a conflict of interest due to the close U.S.-U.K. relationship.
- The applicant's past marriage was annulled without any cohabitation or shared financial responsibilities, mitigating concerns about personal conduct.
Conditions Referenced
- AG ¶ 7(a)raisedContact with a Foreign Family Member
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Is Unlikely to Create a Conflict of Interest
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant communicates daily with his cohabitant.
Key Rule Quoted
“The guidelines presume a nexus or rational connection between proven conduct under any of the criteria listed therein and an applicant’s security suitability.”
Procedural Posture
- SOR issuedSep 8, 2014
- Answer filedOct 17, 2014
- Hearing heldMay 13, 2015
- Decision dateAug 10, 2015
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Evaluation of Personal Conduct Regarding Past Marriage Disclosures
- Consideration of Criminal Conduct Related to Cohabitation with a Foreign National